A.
Site plan review and approval by the Planning Board shall be required
for all uses as indicated in Appendix A.[1]
[1]
Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.
B.
Any application for a building or use permit shall be referred to
the Planning Board or Zoning Board for site plan review and approval
in accordance with the provisions of the Town Law, the performance
and design standards set forth in this Zoning Chapter, and procedures
set forth in this article.
An application for site plan review shall be made in writing
and shall be accompanied by seven prints of a site plan drawn to scale
by a professional that includes the following information and any
other information that the Planning Board deems appropriate for a
particular application:
A.
The title of the drawing, including the name and address of the applicant
and of the person(s) responsible for the preparation of such drawing.
B.
A north arrow, scale and date.
C.
Accurate boundaries of the parcel plotted to a scale of one inch
equals 40 feet. The scale may be altered for projects exceeding a
total land area of five acres.
D.
All existing watercourses, wetlands and floodplains, including reference
to the specific data source and within 100 feet of the parcel boundaries.
E.
A grading or drainage plan, showing existing or proposed contours
at a minimum of two-foot intervals for that portion of the parcel
actually proposed for development or where the existing site may be
susceptible to erosion, ponding or flooding, including any drains,
culverts or retaining walls.
F.
The location, design, proposed use, exterior dimensions of all proposed
and existing buildings, parking areas and drives, truck loading areas,
wells, septic systems, water and sewer lines and service, outdoor
storage of equipment and materials and signage.
G.
A floor plan and front elevation of any building or fencing to include
details for the areas to be used for offices, manufacturing areas
and areas for retail/wholesale operations, including exterior display
of products for sale.
H.
A general landscaping plan and planting schedule showing existing
vegetative cover being retained as well as new plantings and any buffer
area.
I.
A survey of the property, if required by the Board.
J.
The locations of all outdoor lighting, including lighting levels
both within the site and at the site's boundaries.
K.
Location and identification of any existing or proposed right-of-way,
easement or areas to be reserved for public use on site.
L.
Provisions for pedestrian access.
M.
Location of outdoor storage, if any.
N.
Location of fire and other emergency zones.
O.
Proof of approval for any necessary permits from federal, state,
county or local agencies; provided, however, that the Board may, in
its sole discretion, grant conditional approval and establish a time
frame for final approval upon the issuance of any required permits.
In this regard, the applicant shall demonstrate that all necessary
permits have been applied for.
P.
Detailed sizing and final material specifications of all required
improvements.
Q.
An environmental assessment form, as deemed appropriate by the Planning
Board, completed and signed by the applicant.
R.
A check made payable to the Town for the applicable fee for the review
and approval.
S.
A check made payable to the Town for payment of expenses to be incurred
by the Town in connection with the review of the project by professionals
such as engineers, planners and/or attorneys.
T.
The names and addresses of the owners of all adjoining properties.
U.
A list of any substance or material that is intended to be used or stored on the property that could potentially be subject to the performance standards set forth in § 190-12.
V.
Agriculture data statement. An agriculture data statement is required
where the proposed use is located in, or within 500 feet of, the boundaries
of a certified New York State n agricultural district. If an agricultural
data statement has been submitted, the Secretary of the Planning Board
shall, upon receipt of the application, mail written notice of the
site plan application to the owners of land as identified by the applicant
in the agricultural data statement. Such notice shall include a description
of the proposed project and its location. The cost of mailing the
notice shall be borne by the applicant. The Planning Board shall evaluate
the impact of the proposal on existing agricultural operations in
that district.
W.
Additional requirements for site plans. If, in the opinion of the
Planning Board, projects could have traffic, visual, or stormwater
impacts, the applicant shall submit, at their expense, traffic impact,
drainage design reports, visual impact assessment, and proposed grading
plans as follows. Costs for all reports, assessments, or plans required
by the Planning Board shall be borne by the applicant pursuant to
this Subsection.
(1)
Traffic report. Traffic reports shall include the following for the
study area:
(a)
Internal traffic flow analysis.
(b)
Existing and projected average daily traffic and peak hour levels.
(c)
Existing and projected intersection levels of service (LOS).
(d)
Directional vehicular flows resulting from the proposed project.
(e)
Proposed methods to mitigate the estimated traffic impact.
(f)
Identification of any pedestrian crossing issues.
(g)
The methodology and sources used to derive existing data and
estimations.
(2)
Visual impact report. The visual impact assessment shall be prepared
by a registered landscape architect or other qualified professional
and shall include:
(a)
The visual assessment form pursuant to SEQRA.
(b)
A report that visually illustrates and evaluates the relationship
of proposed new structures or alterations to nearby natural landscapes
and to preexisting structures in terms of visual character and intensity/scale
of use (e.g., scale, materials, color, door and window size and locations,
setbacks, roof and cornice lines, and other major design elements);
(c)
An analysis of the visual impacts on neighboring properties
from the proposed development and alterations, and of the location
and configuration of proposed structures, parking areas, open space,
and gradient changes;
(d)
The Planning Board may require use of photo simulations or balloon
tests as part of the visual impact assessment.
(3)
Stormwater management plan. For all developments one acre in size
or more, a stormwater plan pursuant to NYS DEC shall be required.
The contents of the stormwater management plan shall contain sufficient
information for the Planning Board to evaluate the hydrological and
hydrological-dependent characteristics of the land to be developed,
the potential and predicted impacts of land development on the local
hydrology, and the effectiveness and acceptability of all measures
proposed by the applicant for reducing adverse impacts. The stormwater
management and stormwater pollution prevention plans shall be prepared
in compliance with the Stormwater Design Manual of the New York State
Department of Environmental Conservation (SPDES), and/or with the
requirements of the Environmental Protection Agency's Phase II National
Pollutant Discharge Elimination System (NPDES) regulations.
X.
The site plan applications and associated maps shall include all
proposed phases of development. Site plan approval shall be based
on the total planned project in order to facilitate the assessment
of all potential development impacts. The Planning Board shall consider
applications incomplete where there is reason to believe the application
applies to only a segment of the total planned development. In such
situations, the Planning Board shall return such application to the
applicant together with a letter stating the basis for its determination.
The site plan review shall include, as appropriate, but not
be limited to, the following:
A.
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers,
structures and traffic controls.
B.
Location, arrangement, appearance and sufficiency of off-street parking
and loading facilities.
C.
Location, arrangement, size, design and general site compatibility
of principal and accessory buildings, lighting and signage.
D.
Adequacy of drainage and stormwater facilities. All requirements
of the New York State SPDES General Permit for Stormwater Discharges
from Construction Activities shall be met.
E.
Adequacy of water supply and sewage disposal facilities.
F.
Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise deterring buffer between applicant's
adjoining lands, including maximum retention of existing vegetation.
G.
Protection of adjacent or neighboring properties against noise, glare,
traffic, odors, fumes, vibration, unsightliness or other objectionable
features.
H.
Adequacy of fire lanes and other emergency zones, and water supply
for firefighting purposes.
I.
Compatibility of building design with existing characteristics of
the neighborhood.
K.
Compliance with requirements for wetlands and flood zone regulations.
In this regard, the site plan shall show all wetlands and flood zone
areas on the map.
L.
Adequacy of utilities. When feasible, existing utility service systems
shall be placed underground.
M.
Adequacy of site accessibility, fire lanes and other emergency zones
and the provision of fire hydrants. All buildings shall be accessible
to emergency vehicles. If the Planning Board deems it necessary, it
shall refer the application to the applicable emergency services providers
and to the engineer retained by the Planning Board for comment on
the proposed access arrangements.
N.
Location of and adequacy of measures proposed to protect environmentally
sensitive areas. The Planning Board may request an advisory opinion
on these matters from the Columbia County Soil and Water Conservation
District, NYS DEC, or other agencies prior to final decision. In general,
sites to be developed should avoid areas with slopes greater than
20%, exposed or shallow bedrock, floodplains, banks of watercourses,
and wetlands.
O.
Type, frequency, pitch, and decibel levels of noise that may be generated
from project. The Planning Board may request a noise analysis be conducted
by measuring existing ambient sound levels measured with a sound-level
meter and associated octave band analyzer conforming to standards
prescribed by the American Standards Association and comparing to
proposed sound levels.
A.
Public hearing. The Board shall conduct a public hearing on the application
for site plan approval. The public hearing shall be conducted within
62 days of the receipt of a complete application and shall be advertised,
at the expense of the applicant, in a paper of general circulation
in the Town at least five days prior to said hearing. Notice of said
hearing shall also be given to the owners of all adjoining properties.
B.
Required referral. Prior to taking any action, the Board shall refer
the site plan, when applicable, to the Columbia County Planning Board
for an advisory review and report in accordance with General Municipal
Law §§ 239-l and 239-m.
C.
Required agricultural review.
(1)
Pursuant to NYS Agriculture and Markets Law 25-aa, an application
for a site plan review must also contain an agricultural data statement
if any portion of the project is located on property within a New
York State certified Agricultural District containing a farm operation,
or other property with boundaries within 500 feet of a farm operation
located in an agricultural district. The agricultural data statement
shall contain the name and address of the applicant; a description
of the proposed project and its location; the name and address of
any owner of land within the agricultural district which contains
farm property upon which the project is proposed; and a tax map or
other map showing the site of the proposed project relative to the
location of farm operations identified in the agricultural data statement.
(2)
A written notice of such application and date of public hearing shall
be mailed to the owners of land as identified by the applicant in
the agricultural data statement. The Planning Board shall evaluate
the impact of the proposal on existing agricultural operations in
that district. The Planning Board may request an advisory opinion
from the Columbia County Farmland Protection Board, Columbia County
Soil and Water District, New York State Department of Agriculture
and Markets, or other suitable agencies as needed, with any costs
borne by the applicant.
D.
Prior to making any determination, the Board will cause a review
of the proposal pursuant to the requirements of the State Environmental
Quality Review Act (SEQRA).
E.
Within 62 days of the close of the public hearing, the Board shall
render a decision on the site plan application.
F.
Action by resolution. The Board shall act by resolution to either
approve, approve with modifications or disapprove the site plan application.
A resolution either approving or approving with modifications shall
include the authorization for the Planning or Zoning Board Chairman
to stamp and sign the site plan upon the applicant's compliance with
the submitted site plan. Any modifications required by the Board shall
be deemed a condition of approval. If the site plan has been disapproved,
the Board's resolution shall state the reasons for such decision.
G.
The Planning Board's action shall be in the form of a resolution
stating whether the site plan is approved, disapproved or approved
conditionally with modifications.
(1)
Approval. Upon approval of the site plan and payment by the applicant
of all fees due to the Town, the Planning Board shall endorse its
approval on a copy of the site plan and shall, within five business
days of its decision, file with the Town Clerk a copy of the approved
resolution approving the site plan with the Zoning Enforcement Officer.
A copy of the written statement of approval shall be mailed to the
applicant. Upon approval of the site plan, the applicant shall be
eligible for applying for a building permit if one is required.
(2)
Approval with modifications. The Planning Board may approve the site
plan and require that specific modifications or conditions be made.
Any modification required by the Planning Board shall be considered
a condition for issuance of a building permit. A copy of the resolution
of approval containing the modifications required by the Planning
Board shall be mailed to the applicant and filed with the Town Clerk
and the Zoning Enforcement Officer within five business days. The
Zoning Enforcement Officer shall not issue a building permit until
the site plan has been reviewed and determined that the plan reflects
modifications as required by the Planning Board.
(3)
Disapproval. The Planning Board shall make a resolution if its decision
is to disapprove the application. The resolution shall set forth the
reasons for the Board's decision not to approve the application. In
such a case, the Planning Board may recommend further study of the
site plan and resubmission to the Planning Board after it has been
revised or redesigned. Upon disapproval of the site plan, the Planning
Board shall, within five business days, file the resolution with the
Town Clerk and Zoning Enforcement Officer. No building permit shall
be issued when an abbreviated site plan has been disapproved.
H.
Extension of time.
(1)
The time period in which the Planning Board must render its decision
on the site plan may be extended only upon mutual consent of the applicant
and the Planning Board.
(2)
The time period in which the Planning Board must either hold a public
hearing, if required, or render its decision on the site plan may
be extended by mutual consent of the applicant and the Planning Board.
Failure of the Planning Board to act within the time period specified
or agreed upon between the applicant and Board shall not constitute
Planning Board approval of the site plan.
(3)
Any approval shall expire after 180 days from the date that such
approval was filed with the Town Clerk unless the applicant shall
have obtained all other necessary permits and approvals and commenced,
and substantially proceeded with, construction of the project in full
conformity with the approved site plan. The Planning Board may in
its sole and absolute discretion, and without the necessity of a new
public hearing, extend the date of its site plan approval for up to
one year at the request of an applicant.
I.
Limited review. The Planning Board may find that some requirements
of this chapter are not requisite in the interest of the public health,
safety or general welfare, or are inappropriate to a particular site
plan. Waivers shall be explicitly requested by the applicant in writing,
and expressly granted only by the Planning Board. The Planning Board
may waive any requirements for the approval, approval with modifications,
or disapproval of site plans submitted for approval provided such
a waiver does not prevent or circumvent the purposes and intent of
this local law. The Planning Board may, in granting waivers, incorporate
such reasonable conditions as will in its judgment, substantially
secure the objectives of the requirements so waived. The Planning
Board must state, in writing, its grounds for electing to conduct
less intensive review and file such statement along with the site
plan application and supporting documents. Requirements of this law
may not be waived except as properly voted by the Planning Board.
A.
The Planning Board reserves the right to hire professional consultants,
at the applicant's expense, to review any information filed by the
applicant, including that filed under the SEQRA process. The Planning
Board is authorized to retain consultants to aid in the review of
the site plan, which may include, but is not limited to engineering,
legal, planning, architecture, landscape architecture, surveying,
and traffic engineering. Costs incurred by the Planning Board for
consultation fees or other extraordinary expenses made regarding the
review of a proposed site plan shall be charged to the applicant in
total.
B.
All costs related to the site inspection and review of a site plan,
including any studies, reports, analysis, or other information that
may be required by the Planning Board, shall be borne by the applicant.
In addition to the application fees established by the Town Board,
an escrow account, funded by the applicant, may be established to
cover all costs related to the review of a site plan. The applicant
shall supply the Planning Board information as may be required to
calculate the dollar amount required for the escrow account. When
an escrow is required, the Planning Board shall not be obligated to
proceed with the review until the escrow is funded as required by
the Planning Board.
A.
Applicability. Any agricultural use identified in the Table of Use
Regulations[1] indicating a requirement for MSPR (modified site plan
review) shall meet all requirements of this section.
[1]
Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.
B.
The applicant shall submit the following documents or information
to the Planning Board for a modified site plan review:
(1)
Sketch of the parcel on a location map (e.g., Tax Map) showing boundaries
and dimensions of the parcel of land involved and identifying contiguous
properties and any known easements or rights-of-way and roadways.
The sketch shall also contain:
(a)
Existing features of the site including land and water areas,
water or sewer systems, and the approximate location of all existing
structures on or immediately adjacent to the site.
(b)
Description of the proposed farm or agri-related operation and
a narrative of the intended use.
(c)
The proposed location and arrangement of specific livestock
containment areas, or manure storage/manure composting sites.
(d)
Location and proposed size and dimensions and sketch of any
proposed building or structure, and any proposed signs, means of ingress
and egress, parking circulation of traffic, and lighting.
(e)
Any anticipated changes in the existing topography and natural
features of the parcel to accommodate the changes and describe setbacks
or other methods to minimize impacts to adjacent lands, environmental
features and water bodies.
(f)
Include the name and address of the applicant or if the applicant
is not the owner of the property, provide authorization of the owner.
(g)
If any new structures are going to be located adjacent to a
stream or wetland provide a copy of the floodplain map and wetland
map that corresponds with the boundaries of the property and describe
provisions for an adequate buffer between the new farm use and wetlands
or water bodies.
(2)
Application form and fee (if required).
